Contracting for an EU company

[galthop]

This is starting to look like its not worth the effort. The client in Denmark is a consulting firm that send contractors where they are needed and I don't yet know who the end client it. The UK agency say they have not been told. I have a teams meeting with the Danish consultants tomorrow when I will find out more, hopefully.

[Lance]

This is starting to look like its not worth the effort. The client in Denmark is a consulting firm that send contractors where they are needed and I don't yet know who the end client it. The UK agency say they have not been told. I have a teams meeting with the Danish consultants tomorrow when I will find out more, hopefully.

maybe. Maybe not.
It depends on whether you are a resource provided to the end client. If so, and if they have a UK presence then the end client makes the determination.
But if you are on a client as a consultancy resource then the end client doesn't make the decision.

Time to do some proper research as you NEED to know yourself the implications.
Don't expect the Danish consultancy to be helpful as to this. It's not their problem.

[Wobblyheed]

How can a Danish company be expected to make an IR35 determination?
Is IR35 even a thing in Denmark?

[eek]

How can a Danish company be expected to make an IR35 determination?
Is IR35 even a thing in Denmark?

No which is why the rules seem to have changed (reading BlasterBates comments).

The issue however is that the Danish company is a consultancy who may really just be acting as an agency here so could be a question as to who the ultimate end client / customer is. And that ultimate customer could have a UK Branch.

IR35 is a mess that just keeps on creating different issues.

[jamesbrown]

For some reason, I read the situation as the Danish company having a UK connection but, now I re-read the OP, I have absolutely no idea how I got that impression. Anyway, yes, the rules were definitely revised for fully overseas clients (I know this because I mostly work with overseas clients), such that Chapter 8 applies. However, if the overseas client has a UK PE (for example), then the overseas client is responsible for the SDS (and the UK PE is liable), even if the UK PE has no knowledge of the contract or the risk being created for them. Anyway, sorry about that...

[BlasterBates]

I would assume that for HMRC the paper trail ends at the Danish Consultancy so the contractor will be liable.

[jamesbrown]

I would assume that for HMRC the paper trail ends at the Danish Consultancy so the contractor will be liable.

Yep, unless the Danish consultancy has a "UK connection", in which case HMRC will pursue them (absent fraud). Establishing whether the Chapter 8 or Chapter 10 rules apply is relatively straightforward when compared to establishing status (in the sense that there is a clear definition of company size and "UK connection").

[galthop]

Thanks again for all the replies.

I spoke with the Danish people and asked if I'd they were an agency or consultancy and he said 'definatly agency' but neither of us are legal experts and I certainly don't know how HMRC would define things.

For now, they are going to send off my information to the end client do it does sound like an agency.

[northernladuk]

Thanks again for all the replies.

I spoke with the Danish people and asked if I'd they were an agency or consultancy and he said 'definatly agency' but neither of us are legal experts and I certainly don't know how HMRC would define things.

For now, they are going to send off my information to the end client do it does sound like an agency.

Wouldn't a look at their website not help? The difference between an agency and consultancy offering should be fairly clear from their service offerings?

But yeah, that's exactly how an agency would work so sounds like it.